Walfre Martinez Pinto v. Eric Holder, Jr.

MEMORANDUM

Walfre Ricardo Martinez Pinto and Jessi Floridalma Villatoro-Gonzalez, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen as untimely, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to produce new, previously unavailable, material evidence that would warrant reopening, see Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010). We reject petitioners’ contention that the BIA failed to consider the expert report. See Almaghzar v. Gonzales, 457 F.3d 915, 922 (9th Cir.2006).

We reject petitioners’ contention that the BIA ignored their argument that it was error to not adjudicate Martinez Pinto’s claim under the Convention Against Torture (“CAT”) when it decided his direct appeal, in light of our July 12, 2010, decision in which we noted that the BIA…